Karunai Eswaran v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2020

CORAM:

THE HONOURABLE MR. JUSTICE A.D. JAGADISH CHANDIRA and Crl.M.P.(MD)Nos.11289 & 11290 of 2019 1.Karunai Eswaran 2.Balasubramanian 3.Mohamed Asen 4.Kasim Mohamed 5.Velusamy 6.Mahathum Bava 7.Ganesan,S/o.Palanivel Thevar 8.Sevaga 9.Iufkhan 10.Haitharali 11.Latsam 12.Ganesan, S/o.Sowdharrajan 13.Mariappan 14.Kandaiah 15.Sickandar 16.Siththik Ali 17.Muniyandi 18Inayathulla 19.Vellaithurai 20.Palraj 21.Kottamalai 22.Irulappan 1/4

23.Muneshwaran 24.Palpillai @ Balu 25.Chinappan 26.Sundarraj 27.Immamsha 28.Balasubramaniyan 29.Muthaiah 30.Apthakir @ Abuthakir 31.Dinakaran 32.Paramasivan 33.Chinnakalai 34.Samuvel 35.Puthiyaraj ..Petitioners/Accused Nos.1 to 8, 10 to 22, 24 to 32, 34 to 38 Vs.

The State of Tamil Nadu The Sub Inspector of Police, Koomapatti Police Station, Virudhunagar District.

(Crime No.37 of 2017) ..Respondent/Complainant PRAYER: This Criminal Original Petition has been filed under Section 482 of Criminal Procedure Code, to call for the records relating to the proceedings in S.T.C.No.383 of 2018 pending before the Judicial Magistrate No.I, Srivilliputhur, Virudhunagar District and quash the same in respect of petitioners herein. For Petitioners : Mr.D.Farjana Ghoushia for M/s.G.Mariappan For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

The Criminal Original Petition has been filed to quash the 2/4

proceedings in S.T.C.No.383 of 2018 pending before learned Judicial Magistrate No.I, Srivilliputhur, Virudhunagar District. 2.The learned counsel for the petitioners relied upon the judgment of this Court in the case of Jeevanandham and others Vs. The Inspector of Police, Karur District and another reported in 2018-2-L.W. (Crl) 606 and would submit that violation of Section 30 (2) of the Police Act will not constitute an offence under Section 143 of IPC, as an order passed under Section 30 (2) of the Police Act is only regulatory in nature. The police cannot prohibit any agitation in the above said circumstances.

Therefore, the learned counsel for the petitioners prayed that the charges under Section 143 IPC is also liable to be quashed as per the judgment of this Court cited above and also the another judgment of this Court in the case of Raja Vs. The Inspector of Police, Sivakasi Town Police Station reported in 2019 4 MLJ (Crl) 175. 3.The learned Additional Public Prosecutor would submit that originally the case was registered for the offences under Sections 188 and 143 of IPC. Thereafter, Section 188 of IPC was deleted and the final report has been filed under Section 143 of IPC alone. The present case is covered and similar to the cases as cited above.

4. In view of the above, the proceedings in S.T.C.No.383 of 2018 on the file of the learned Judicial Magistrate No.I, Srivilliputhur, Virudhunagar District, is hereby set aside and the Criminal Original Petition is allowed. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) Dss To 1.The Judicial Magistrate No.I, Srivilliputhur, Virudhunagar.

2.The Sub Inspector of Police, Koomapatti Police Station, Virudhunagar District.

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3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to MR.G.MARIAPPAN, Advocate ( SR-1450[F] dated 10/01/2020 ) and Crl.M.P.(MD)Nos.11289 & 11290 of 2019 10.01.2020 KM/(30.01.2020) 4P 5C 4/4